Removing a Case to Federal Court: Navigating Substantive and Procedural Requirements, Pleadings, Motion Practice, and More

A live 90-minute CLE webinar with interactive Q&A


Tuesday, August 1, 2017 (in 9 days)
1:00pm-2:30pm EDT, 10:00am-11:30am PDT


This CLE webinar will discuss what litigators need to know about removal of a case to federal court or remand of a case to state court. The program will discuss advantages of removal, procedural requirements, effect on other pleadings, litigation strategy, motion practice, and remand back to state court.

Description

Motions for removal of a case from federal court to state court are both a weapon for defense counsel and a trap for the unwary.

Federal court offers perceived advantages for defendants: avoidance of out-of-state bias, enhanced federal procedural rules, or consolidation of mass litigation through the multi-district litigation procedures.

Federal district courts disfavor removal and will strictly analyze removal motions. Counsel must be able to analyze the potential bases for removal in a complaint and be proficient in the procedural requirements for removal. A failure to comply will result in the remand of the case back to state court and the potential for imposition of sanctions.

Listen as our panel of litigators discusses the procedural and substantive requirements to remove a case from state to federal court. The panel will look at the advantages of removal, procedural requirements, impact on other pleadings, litigation strategy, motion practice and remand back to state court.

Outline

  1. Advantages and disadvantages of removing a case to federal court
  2. Requirements for removing a case to federal court
    1. Deadline for removal
    2. Where to remove
    3. Other procedural requirements
  3. Common bases for removal
  4. Impact on other pleadings
    1. Supplemental jurisdiction over state-based claims
  5. Strategy
  6. Remand and sanctions

Benefits

The panel will review these and other key issues:

  • What procedural advantages does federal court offer defendants that would make litigating in federal court advantageous?
  • What are the procedural requirements defendants must meet to successfully remove the case to federal court?
  • Under what circumstances may sanctions be imposed on a defendant whose removal petition is unsuccessful?

Faculty

Stephen Paffrath
Greenberg Traurig, Sacramento, Calif.

Mr. Paffrath has over 20 years of litigation experience. He has represented a wide variety of clients including financial institutions, manufacturers, local and state government entities, charities, and individuals in a wide variety of complex litigation involving class actions, trade secrets, computer fraud, products liability, banking regulation, unfair competition, employment discrimination, financial elder abuse, and proceedings before administrative agencies. His concentrations include, commercial litigation, class action litigation, financial services litigation, government litigation, products liability, trade secrets and constitutional law.

Michael D. Lane
Greenberg Traurig, Sacramento, Calif.

Mr. Lane has deep litigation experience in state, federal and administrative courts. He has represented clients in many class action and single-plaintiff litigation cases involving contracts, labor and employment, intellectual property, unfair competition and regulatory matters. He has also handled intellectual property litigation, where he represented clients in both state and federal courts. His areas of concentration include commercial litigation, complex litigation, trade secrets/unfair competition/employee mobility, contract disputes/business torts, labor and employment, franchise law, products liability, class action, and intellectual property litigation.

Randi J. Winter, Atty
Felhaber Larson, Minneapolis

Ms. Winter practices commercial and employment litigation. In addition, she represents clients with respect to utility, employee benefits, health law, and labor matters. She has represented clients before the Minnesota District and Appellate Courts, Eighth Circuit Court of Appeals, Federal District Courts, United States Tax Court, Minnesota Public Utilities Commission, Minnesota Department of Labor, and in labor arbitrations, among others. 


Live Webinar

Live Webinar $297.00

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This webinar is eligible for at least 1.5 general CLE credits.

CLE credits are not available for PR.

*In KS, OH, PA, for more than 1 attendee on the connection you must contact Strafford CLE via email or call 1-800-926-7926 ext. 35 prior to the program for special instructions.


Recordings

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*Only available for attorneys admitted for more than two years. For OH CLE credits, only programs recorded within the current calendar year are eligible - contact the CLE department for verification.

**NH attendees must self-determine if a program is eligible for credit and self-report their attendance.

CLE On-Demand Video $297.00
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Recorded Event

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Strafford is an approved provider and self-study CLE credit is available in most states.

AK, AZ, CA, CO, CT, FL, GA, HI, IA, ID, IL, KY, ME, MN, MO, MT, ND, NJ, NM, NY, OR, PA, TN, TX, UT, VT, WA, WV, WY (Note: Some states restrict CLE eligibility based on the age of a program. Refer to our state CLE Map for additional information.)

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Additional copies of a recording can be purchased at a discount. Please call Strafford Customer Service toll-free at 1-800-926-7926 ext 10 or email customerservice@straffordpub.com to place your order.

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Litigation Advisory Board

David R. Cohen

Partner

Reed Smith

Jeffrey J. Fowler

Counsel

O’Melveny & Myers

Jonathan Evan Goldberg

Partner

FisherBroyles

Mark E. Goodman

Shareholder

Capes Sokol Goodman & Sarachan

Dean D. Hunt

Partner

Baker & Hostetler

Michael E. Lackey, Jr.

Partner

Mayer Brown

Stephen Paffrath

Associate

Greenberg Traurig

Anthony T. Pierce

Partner

Akin Gump Strauss Hauer & Feld

or call 1-800-926-7926

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